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(영문) 인천지방법원부천지원 2015.11.13 2014가합481
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 39,582,328 to the Plaintiff (Counterclaim Defendant) and its related amount from April 10, 2015 to November 13, 2015.

Reasons

1. Basic facts

A. On November 14, 2012, the Plaintiff entered into a contract for manufacturing and installing the instant manufacturing and installation (hereinafter “instant contract”) with the Defendant for “GSV P/Hring P/Wly M/C automatic license,” which is a device that assembles the steering gear components of the steering gear on Tube, and then concludes a contract for manufacturing and installing the instant facilities (hereinafter “instant contract”). The main contents are as follows.

Article 2(1)(Facilities Details)(P/US’Y Y/C 1st M/C(Tube & C1st, Mount Bust Buss M/C1st, Lot M/C1st, 1strawing) OPTPPN PART and details are based on a estimate.

Article 3 (Contract Amount) (1) Contract amount shall be 3770,000,000 won (VAT Map).

(2) The contract amount includes all the expenses required for the installation and trial operation of the goods under the contract at the place designated by Party A (Plaintiff).

(3) The Defendant (Defendant) may not demand a change in the contract amount or cancellation of the contract on the grounds of increase in material costs, such as other manufacturing costs, etc. after concluding the contract.

(1) The supply shall be completed by no later than February 20, 2013, in accordance with the specifications indicated in the purchase specifications, etc.

Provided, That the time of passing an examination shall be the payment period for the contract goods requiring installation and trial operation.

(1) Contract deposit: 110,1300,000 won (VAT) which is 30% of the contract deposit shall be paid to B.

(2) The intermediate payment shall pay to B the amount of KRW 148,400,00 (VAT) after completion of the interim inspection of the facilities specified in section 1 and in the quotation/contract.

(3) The remaining 30% of the balance shall be paid at the request of Eul at the rate of KRW 110,1300,000 (VAT) after the completion of the final inspection by Gap.

Where subparagraph 6 (Compensation for Delay) fails to comply with the payment period by the date under Article 4, Gap shall pay the amount equivalent to 1/100 of the contract amount per one day of delay as compensation for delay.

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